A Sample Of The Successful Results CPS&S Has Achieved For Clients

Please see below for a representative sampling of our past results, sorted by practice area.

Commercial Litigation, Arbitration and Mediation

• In 2019 we prevailed in an appeal in the Appellate Division, First Department, in a decision involving the issue of piercing the corporate veil. See, Kahan Jewelry Corp. v. Coin Dealer of 47^th St. Inc., 173 A.D. 3d 568 (1^st Dept. 2019).
• Firm was retained after a lower court had ruled against the client and enforced a seven figure judgment obtained overseas and previously domesticated in New York, The judgment had been enforced against a mixed use building in Manhattan owned by the client, depriving it of its major asset. On appeal we obtained two rulings in favor of our client. The first order of the Appellate Division, First Department, modified the decision of the lower court in the interest of justice to preclude enforcement of the judgment against our client’s asset in what the court described as an unusual case involving two unrelated business entities operating under the same name. The second ruling involved a claim that the firm had brought, taking the offensive on behalf of the principals of the building owner against the judgment creditor, a claim that also had been dismissed in the court below. The second order held in our clients’ favor that they had standing to sue and stated claims for unjust enrichment and imposition of a constructive trust against the judgment creditor and the funds against which the judgment was enforced. G.F.A. Advanced Systems, Ltd. v. Local Ocean LLC, 137 A.D.3d 479, 26 N.Y.S.3d 285 (1^st Dep’t 2016); Haberberg v. G.F.A. Advanced Systems Ltd, 137 A.D.3d 481, 28 N.Y.S.3d 12 (1^st Dep’t 2016)
• In action in federal court involving music production and distribution, in dispute between company and former employee competing with company, achieved TRO and preliminary injunction in claim under Lanham Act, Computer Fraud and Abuse Act and common law against former employee regarding access to electronically stored information, solicitation of clients, diversion of funds, and filing of take-down notices under the Digital Millennium Copyright Act. United States District Court, Southern District of New York, Case 1:17-cv-02084-ER, Document 31 filed 5/02/17.
• In action, third-party action and related actions, represented owner of a building that was demolished by order of the New York City Department of Buildings as a safety hazard, against adjoining owner, engineers, contractor and sub-contractors and insurance carriers, in case involving underpinning of adjoining building in the construction of a hotel, in discovery, multiple depositions, motion practice and mediation resulting in settlement and an order providing for entry of judgment against adjoining owner in the event of default in payment of seven figure settlement. Supreme Court, New York County, Index No. 603102/2008, Filed 11/29/16, NYSCEF Doc. No. 1159.
• In Federal litigation in telecommunications industry including multi-jurisdictional installation of high-speed equipment utilized for securities trading, removed and then achieved transfer of the case to a more favorable venue for the client.
• In litigation in Richmond County Supreme Court, won decision that allows litigation funding company to sue a personal injury law firm for preventing it from fully collecting on its funding agreement.
• In litigation and arbitration, won seven figure judgment against major pharmaceutical manufacturer on behalf of distributor, and defeated counterclaim for diversion of products.
• In litigation in New York State Supreme Court, won jury verdict in plenary trial on liability and damages on plaintiff art dealer’s claim against wealthy customer in dispute over title of valuable paintings by internationally known artist, with jury returning the desired verdict of replevin of the paintings.
• In American Arbitration Association arbitration on behalf of petitioner consultant developer of intellectual property, in referral to mediation, achieved favorable settlement without the necessity of an expensive hearing.
• Representation of several distributors and wholesalers of pharmaceutical products against major pharmaceutical companies, in litigation in federal and state courts and alternative dispute resolution, in several states. Among claims alleged by our clients were antitrust, breach of contract, interference with business and violation of state law claims. Successfully defended a motion to dismiss antitrust claims.
• Representation of minority owner in multiple LLC’s and corporations owning numerous commercial properties in various eastern, southern and Midwestern states in dispute against majority owners; litigation in the courts of the state of New York against another member as creditor stayed at our motion to allow more advantageous litigation in other jurisdictions to proceed; the result was a settlement by alleged creditor enabling client to address liability and preserve interest in valuable properties.
• Federal litigation against promoters of investment scam in an alleged bank vehicle and their prominent counsel in which monies in the seven figures were invested with the defendants, resulted in payment to plaintiff client of 100 cents on the dollar, even though the client was a sophisticated investor.
• In bankruptcy court litigation in the Southern District of New York, settlement of claims on the eve of trial for a fraction on the dollar, in case against accountant client alleging participation in fraudulent transfers and preferential transfers to the detriment of a major credit card company.
• Resolution of multi-million action claim against defendant officer and director without any liability in federal case brought in the Southern District of New York against officers and directors of a bankrupt oil and gas company.
• The firm successfully defended a businessman who was sued personally by a judgment creditor of his business that had owned a nightclub, alleging transfers of assets to the businessman’s personal accounts in fraud of creditors, obtaining complete dismissal of the case upon a motion for summary judgment without the necessity of a trial.
• In arbitration before a panel of arbitrators, obtaining interlocutory relief and ultimately settling a hotly contested professional practice dispute involving a lucrative practice in the medical arena.
• Representation of alleged wholesaler in multi-party case with numerous defendants in federal court arising out of claims by pharmaceutical manufacturer against wholesalers and retailers involving allegations of conspiracy, trademark violations and RICO among others, litigation on behalf of client and then pre-motion to dismiss and pre-general discovery early resolution of claims with payment of nominal sum, thereby avoiding lengthy and expensive defensive litigation.

Real Estate Litigation

• Firm was retained after a lower court had ruled against the client and enforced a seven figure judgment obtained overseas and previously domesticated in New York, The judgment had been enforced against a mixed use building in Manhattan owned by the client, depriving it of its major asset. On appeal we obtained two rulings in favor of our client. The first order of the Appellate Division, First Department, modified the decision of the lower court in the interest of justice to preclude enforcement of the judgment against our client’s asset in what the court described as an unusual case involving two unrelated business entities operating under the same name. The second ruling involved a claim that the firm had brought, taking the offensive on behalf of the principals of the building owner against the judgment creditor, a claim that also had been dismissed in the court below. The second order held in our clients’ favor that they had standing to sue and stated claims for unjust enrichment and imposition of a constructive trust against the judgment creditor and the funds against which the judgment was enforced. G.F.A. Advanced Systems, Ltd. v. Local Ocean LLC, 137 A.D.3d 479, 26 N.Y.S.3d 285 (1^st Dep’t 2016); Haberberg v. G.F.A. Advanced Systems Ltd, 137 A.D.3d 481, 28 N.Y.S.3d 12 (1^st Dep’t 2016)
• In action, third-party action and related actions, represented owner of a building that was demolished by order of the New York City Department of Buildings as a safety hazard, against adjoining owner, engineers, contractor and sub-contractors and insurance carriers, in case involving underpinning of adjoining building in the construction of a hotel, in discovery, multiple depositions, motion practice and mediation resulting in settlement and an order providing for entry of judgment against adjoining owner in the event of default in payment of seven figure settlement. Supreme Court, New York County, Index No. 603102/2008, Filed 11/29/16, NYSCEF Doc. No. 1159.
• In case before the Court of Appeals, the highest court in the State of New York, represented landlord where issues were whether a prior holdover proceeding where money damages were not awarded barred a subsequent action to collect and whether liquidated damages clause providing for collection of undiscounted accelerated rent where landlord had collected seven figure rent from a commercial tenant was a penalty. First issue ruled no bar, and second issue remanded for a hearing. 172 Van Duzer Realty Corp. v. Globe Alumni Student Assistance Association, Inc. , 24 N.Y.3d 528, 25 N.E.3d 952, 2 N.Y.S.3d 39 (2014)
• Dismissal of contractor’s claim against homeowner for monies allegedly due and owing for construction project.
• Representing internationally known retailer against landlord, settlement without litigation of claims relating to water leakage damaging inventory, as well as claims of landlord relating to usage of premises, on basis that required landlord to take corrective steps to repair.
• Representation of developer in case involving real property in a claim against attorney stemming from alleged failure to protect rights of developer in failing to enforce contract for purchase of property intended for condominium development; case proceeded to jury trial.
• Litigation in New York State Supreme Court against attorneys for malpractice in connection with offering plan for beachfront development of 72 homes resulted in seven figure payment to plaintiff real estate developer client.
• In dispute involving title to valuable building and lot located in Manhattan against a prominent real estate developer alleging Cox Padmore Skolnik & Shakarchy client breached the contract of sale by failing to convey the property, after a full trial, verdict for CPS&S client finding that it was entitled to keep the property and affirmed on appeal.
• Federal litigation in both civil court and bankruptcy court on behalf on non-managing partner of business owning approximately fifteen properties with substantial value, including claims under the Racketeer Influenced and Corrupt Organizations Act, against the managing partner and his co-conspirators, resulted in return to non-managing client partner of his share of the properties in question without compensation to the managing partner.
• On behalf of plaintiff minority shareholder in corporate dissolution proceeding involving appraisal of real estate and interest in business in which defendant’s appraisal was only 50% of plaintiff’s client’s appraisal, payment to plaintiff client was 96% of the higher appraised value of plaintiff’s shares.

International Commercial Litigation And Arbitration

• Successfully represented domestic and foreign clients to final award or settlement in international arbitrations before different arbitration tribunals.
• Dismissal without liability of $7 million claim brought in federal court in the Southern District of New York, by a corporation with offices in the Bahamas against defendant clients in Idaho and California, where judgment was entered against a co-defendant.
• Dismissal of multi-million dollar claims without liability on motion for summary judgment with attorneys’ fees of less than 2% of claim, in action brought by Fortune 500 multinational against defendant Fortune 500 multinational, in claim arising out of properties and activities involving the United States and Africa.

Estates And Trusts Litigation

• Representing beneficiary under will, achieved substitution of client as administrator of decedent’s estate in place of adverse party, and settlement of claims to assets of decedent ordered by the Surrogate’s Court, Kings County, that devolved business assets for the benefit of our client and settled all creditors’ claims.
• Dismissal of certain claims in excess of $20 million relating to breach of fiduciary duty and for attorneys’ fees, in lengthy arbitration before the Panel of the American Arbitration Association in case alleging malfeasance by a trustee client of an inter vivos trust that was a partner in various properties in the City of New York, including major hotels and office buildings.

Employment Litigation

• In claim by an out of state technology related company that a high level salesman had violated restrictive covenants, and pilfered confidential customer information and brought it to our client who was the new employer, resulting in litigation, our client was able to retain its new and valuable salesman employee without liability on its part in a cost-effective settlement that resulted in a mere five month restriction from the date of settlement on the salesman’s ability to solicit selected clients and a mutual agreement on behalf of the prior employer and our client not to hire each other’s employees for a period of time.

Matrimonial Law

• Representation of multiple high net worth individuals in matrimonial disputes that were settled without resort to expensive litigation; substitution as counsel for another lawyer in contested matrimonial that was then settled without resort to an expensive trial.

Intellectual Property

• In action in federal court involving music production and distribution, in dispute between company and former employee competing with company, achieved TRO and preliminary injunction in claim under Lanham Act, Computer Fraud and Abuse Act and common law against former employee regarding access to electronically stored information, solicitation of clients, diversion of funds, and filing of take-down notices under the Digital Millennium Copyright Act. United States District Court, Southern District of New York, Case 1:17-cv-02084-ER, Document 31 filed 5/02/17.
• In a proceeding pending before the Trademark Trial and Appeal Board (“TTAB”) of the United States Patent and Trademark Office involving a heated contest as to use and registration of a trademark in the private school industry, successfully argued motions on pleadings in oral hearing before TTAB hearing examiner.
• Representation of judgment debtor against large publicly owned business financial judgment creditor in suit seeking to compel owner to transfer his interest in valuable trademark in satisfaction of debt, decision holding in accordance with judgment debtor’s argument that the trademark could not be transferred to the judgment creditor “in gross” apart from the business or goodwill with which it has been established.

Prior results do not guarantee a similar outcome.